Product Liability

  • December 11, 2024

    MDL Judge Rejects Meta's Claim Discovery Is Burdensome

    A California federal magistrate judge overseeing discovery in multidistrict litigation over social-media platforms' allegedly addictive designs on Wednesday rejected Meta Platforms' arguments additional discovery sought by personal-injury plaintiffs is overly burdensome, noting that Meta's discovery production pales in comparison to the millions of documents that Meta has demanded from plaintiff states.

  • December 11, 2024

    Character.AI Encouraged Child To Kill His Parents, Suit Says

    Two minors and their parents sued Character.AI, its founders and Google in Texas federal court, alleging the "dangerous" technology exposed the children to hypersexualized and violent content, with a chatbot character even encouraging one of the kids to kill his parents because they limited his screen time.

  • December 11, 2024

    LA Fitness Fights To End DOJ's Gym Accessibility Suit

    LA Fitness urged a California federal judge to toss the U.S. Department of Justice's civil enforcement lawsuit alleging the gym chain failed to accommodate patrons with disabilities at its nearly 700 locations across the country, arguing the lawsuit relies on "isolated" incidents and doesn't show "a pattern and practice."

  • December 11, 2024

    Doctors Group Asks DC Circ. To Pause Pot Hearings

    A group of doctors who advise their patients on medical cannabis is asking the D.C. Circuit to put a stay on hearings set for January over whether to reschedule cannabis under the Controlled Substances Act, saying they were unfairly denied the chance to participate in those hearings.

  • December 11, 2024

    Mixed 5th Circ. Backs $14M Exxon Texas Air Pollution Fine

    A mixed Fifth Circuit on Wednesday backed a $14 million fine against ExxonMobil Corp. over air pollution in southeast Texas, with a per curiam opinion stating the court wouldn't have reheard the case if it had known it would take more than 18 months to issue an opinion.

  • December 11, 2024

    Toyota Must Face 'Parasitic Drain' Claims, Ga. Judge Says

    A proposed class action alleging that Toyota's RAV4 SUV suffers from a known defect that drains the car's battery while shut off was largely preserved Wednesday by a Georgia federal judge, who declined to dismiss all but one of the claims against the manufacturer.

  • December 11, 2024

    DC Circ. Lets Pipeline Safety Rule Remain Amid Agency Fix

    The D.C. Circuit has agreed to leave in place one of four new safety standards for gas transmission pipelines while the U.S. Department of Transportation works to amend them, after an industry group said not doing so could cause unnecessary repair costs.

  • December 11, 2024

    Insurer Seeks $900K For Conn. Dehumidifier Fire Damages

    An insurer said it is entitled to recover over $900,000 from a dehumidifier manufacturer and its subsidiaries for costs the carrier incurred in covering a policyholder's house fire, telling a Connecticut federal court that the manufacturer's product was defective and unreasonably dangerous.

  • December 11, 2024

    3M Gets Georgia Man's $850M PFAS Remediation Bid Denied

    A Georgia federal judge has shut down a proposed injunction requiring 3M Co. and other companies to pay $850 million for remediation of water sources in Dalton contaminated with per- and polyfluoroalkyl substances, saying the named plaintiff doesn't have standing to call for the remediation.

  • December 10, 2024

    Major Food Cos. Push 'Addictive' Foods On Kids, Suit Says

    The Kraft Heinz Co., Nestle USA, General Mills and other major food companies are putting profits above all else by making highly addictive ultra-processed foods and aggressively marketing the products to children, leading to skyrocketing levels of chronic disease, according to a lawsuit filed Tuesday in Philadelphia court.

  • December 10, 2024

    Feds Tell Justices To Stay Out Of Climate Change Tort Fights

    U.S. Solicitor General Elizabeth Prelogar on Tuesday urged the U.S. Supreme Court not to weigh in on climate change torts filed against fossil fuel companies, arguing in a pair of briefs that the state court cases aren't the correct vehicles for resolving the issues, at least not yet.

  • December 10, 2024

    Trader Joe's Seller Fumbled Burger Deal, Poultry Co. Says

    Pilgrim's Pride told a federal jury Tuesday it was not ultimately responsible when a grocery supplier used its bony chicken shipments to make burgers, arguing the vendor failed to inspect the meat for excessive bones, leading to eventual recalls and the end of its Trader Joe's deal.

  • December 10, 2024

    7th Circ. Questions Reviving Harley-Davidson Warranty MDL

    The Seventh Circuit on Tuesday flagged issues with not only Harley-Davidson's motorcycle warranty but also its customers' antitrust claims against it as the court considered reviving multidistrict litigation claiming the contract constitutes illegal tying. 

  • December 10, 2024

    5th Circ. Asks ATF Where To 'Draw The Line' In Trigger Ban

    A Fifth Circuit panel has pressed the government on how so-called "forced reset triggers" are different from bump stocks, asking where it was supposed to draw the line to determine whether the triggers turn semiautomatic firearms into federally banned machine guns.

  • December 10, 2024

    Ohio Justices Undo Paint-Maker's Lead Paint Coverage Win

    Insurers for Sherwin-Williams Co. don't have to cover the paint-maker's portion of a $305 million settlement to abate lead paint in California homes, the Ohio Supreme Court ruled Tuesday, finding the payment does not qualify as damages under its commercial general liability policies.

  • December 10, 2024

    Insurer Eyes Dismissal Of Pot Co. Trulieve's Coverage Case

    An insurance company that is a unit of Berkshire Hathaway is arguing that it has no obligation to defend Trulieve Inc., which is being sued over a cannabis worker's death, urging a federal judge to toss the lawsuit brought by the largest medical marijuana operator in Florida.

  • December 10, 2024

    Beasley Allen Told To Give Update On J&J Discovery

    Beasley Allen has until Friday to provide a detailed accounting of what documents it has produced to Johnson & Johnson's latest liability spinoff, Red River Talc, a Texas bankruptcy judge said Tuesday in hopes of speeding up discovery in a dispute over how voting was conducted on the debtor's prepackaged Chapter 11 plan.

  • December 10, 2024

    Eli Lilly Says Tampa Health Biz Can't 'Pass The Buck' In TM Suit

    Eli Lilly and Co. is asking a Florida federal judge not to throw out its claims that a Tampa Bay company falsely advertised that it offered Eli Lilly diabetes and obesity medications, saying it can't "pass the buck" to a co-defendant that owned the website that advertised its services.

  • December 10, 2024

    NY Appealing Judge's Dismissal Of Plastic Pollution Suit

    New York Attorney General Letitia James is appealing a harshly worded ruling that dismissed her suit against PepsiCo Inc. and its Frito-Lay subsidiary over plastic pollution on the Buffalo River.

  • December 10, 2024

    Ohio Justices Reject Opioid Nuisance Claims In $650M Appeal

    The majority of the Ohio Supreme Court on Tuesday held that the state's product liability law doesn't allow for public nuisance claims to be brought over the opioid crisis, in a challenge to a $650 million verdict won by two counties.

  • December 09, 2024

    Calif. Floats Requiring Social Media Warning Labels

    California Attorney General Rob Bonta on Monday introduced a bill that would require a "black box warning" to be displayed on social media platforms to remind users of the risks of prolonged social media use, citing research linking children's and teens' use to health harms like depression.

  • December 09, 2024

    Boeing Supplier Wins Bid To Block Texas Biz Records Inquiry

     A Texas federal judge on Monday adopted a magistrate judge's recommendation granting Spirit AeroSystems Inc.'s bid to permanently enjoin a Texas statute requiring businesses to immediately comply with the state's demand to examine business records.

  • December 09, 2024

    Apple Faces Another Suit Over Child Porn Detection Failures

    Apple has been hit with another proposed class action by child abuse victims in California federal court alleging that the tech giant misled users about its efforts to combat the dissemination of child pornography and defectively designed its products, thereby allowing explicit imagery to run rampant on its iCloud and Apple devices.

  • December 09, 2024

    Mass. Jury Returns $10.6M Verdict In Big Tobacco Case

    A Massachusetts jury has hit tobacco giant R.J. Reynolds with a $10.6 million verdict after finding it was liable for causing the fatal lung cancer of a woman, who started smoking as a child, by misrepresenting the dangers of cigarettes.

  • December 09, 2024

    What's Next After Boeing 737 Max Deal Snags On DEI Clause

    A Texas federal judge's recent rejection of Boeing's plea agreement with the U.S. Department of Justice underscores the increasing vulnerability of corporate and government diversity, equity and inclusion policies, experts say, spelling fresh complications for the embattled American aerospace titan and the legal saga over its 737 Max jets.

Expert Analysis

  • The State Law Landscape After Justices' Social Media Ruling

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    Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • What Cos. Need to Know About Battery Labeling Law

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    With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

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